martes, 19 de mayo de 2015

ARRAIGO SOCIAL: APPEAL AGAINST APPLICATION REJECTION

What is an arraigo social?  An arraigo social is a temporary residence permit that may be granted in special circumstances to either foreigners residing in Spain, foreigners with family members in Spain or foreigners who are socially integrated among Spanish society.

What requirements must be fulfilled to request this permit?

A.) You must have lived in Spain for at least three consecutive years.

B.) Must not be banned from entering the Schengen Area.

C.) Have a work contract valid for at least one year.

D.) Have no criminal record in Spain or in your country of origin.

E.) Have family ties in Spain, or if not, submit a social integration report.


What can you do if they reject Arraigo Social application?

There are two routes that you can take which are the following:

  • The administrative route through an appeal for amendment (recurso de reposición)
  • The legal route through a Contentious-Administrative appeal (recurso contencioso-administrativo)

The easiest route to take is that of the administration, or submitting an appeal for amendment since it is free and takes less time.  You have one month from the date of the notification. You must submit it to the same administrative body that denied your initial request so that they can rectify their decision. This may be the corresponding Consulate or Embassy or at the General Administration Registry of the State

What does an appeal do?

When you submit an appeal you are asking the administrative body who denied you your request to take a second look and review your case.  You do this because administration officials may have made a mistake in denying you your right to the residence permit.  If in the end the result of the appeal is the same as before, then you may submit a Contentious-Administrative Appeal which is a judicial review of the case.  The judge will decide the end result.


Translated by: Katherine Pascal


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